Citation Nr: 21040074 Decision Date: 07/02/21 Archive Date: 07/02/21 DOCKET NO. 17-20 883 DATE: July 2, 2021 REMANDED Service connection for right foot condition, including fallen arches. REASONS FOR REMAND The Veteran served on active duty from March 2006 to July 2007, including a prior period of inactive duty for training (INACDUTRA). The case is on appeal from a June 2015 rating decision. In March 2020, the Veteran testified at a Board hearing. The claim was last before the Board in May 2020. At that time, the Board remanded the claims of service connection for a right foot condition, including fallen arches, and service connection for a lung condition, including pneumonia and bronchitis, for further development. While in remand status, in an October 2020 rating decision, the RO granted service connection for asthma. Thus, that issue is no longer on appeal. Service connection for right foot condition, including fallen arches. The Veteran contends that the VA medical examination addressing his right foot condition was inadequate, including lack of consideration of outstanding medical records. While an August 2020 VA medical examination was afforded the Veteran, there was no discussion of whether the Veteran's pain and swelling of her right foot arises to the level of functional impairment in line with Saunders, in accordance with the Board's remand directives. Further, the Board's May 2020 remand directives instructed the RO to make reasonable attempts to obtain outstanding copies of the Veteran's complete service treatment records (STRs) and service personnel records (SPRs). If any records could not be obtained after reasonable efforts were made, a formal determination that such records do not exist or that further efforts to obtain such records would be futile should be documented in the claims file. The record contains no actual documentation of the development efforts (such as the actual, full response from NPRC) and no issuance of a formal finding of unavailable records. As such, there was not substantial compliance with the Board's remand directives, and remand is warranted. See Stegall v. West, 11 Vet. App. 268, 271 (1998). In light of the remand, updated VA treatment records should be obtained. The matters are REMANDED for the following action: 1. Contact the appropriate service department and/or records custodian(s), to include the National Personnel Records Center, with a request for copies of the Veteran's complete STRs and SPRs. All reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Appellant must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. Obtain updated VA treatment records dated since October 2020, including any outstanding treatment records from the Portland and Vancouver VA medical facilities regarding the Veteran's right foot condition. 3. After completing the records development indicated above, schedule the Veteran for a VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) by an appropriate medical professional to determine the nature and etiology of any right foot condition. All necessary tests should be conducted. (a.) The examiner should first identify whether there is a current right foot condition, including pes planus. If there is no diagnosis, the examiner should determine if the Veteran's pain and swelling arises to the level of functional impairment in line with Saunders. If not, this should be explained. (b.) If there is a right foot diagnosis, or functional impairment of the right foot, the examiner should provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that any such disorder or impairment had its onset during, or is otherwise causally related to, the Veteran's service, to include a 2007 in-service truck accident. (Continued on the next page) Consideration should be given to the Veteran's lay contentions and notation of right foot pes planus on the Veteran's separation examination. A rationale should be provided for all opinions expressed. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Becton, Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.